Rockefeller Drug Laws

Published: December 12, 2004

Despite the fanfare, the Rockefeller drug law modifications approved by New York lawmakers do not amount to real reform. The harsh aspects of these laws are still on the books: Mandatory sentencing provisions remain intact, meaning that judges still do not have discretion in deciding appropriate penalties. Prison terms, though reduced, remain unduly long, meaning that thousands of minor drug offenders will still be incarcerated for excessive lengths of time.

And the main criterion for guilt remains the amount of drugs in a person's possession at arrest and not a person's actual role in the drug transaction, meaning that the major profiteers who rarely carry drugs will escape the laws' sanctions.

Lawmakers indicated that the approved amendments were just the first steps. Let's hope that they keep their promise and adopt measures in the near future that abolish these unjust, ineffective and wasteful laws.

Robert Gangi
Executive Director
Correctional Assn. of New York
New York, Dec. 8, 2004